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Patna High CourtCR. MISC./3827/2026dismissed

Anna Kumar v. The State Of Bihar

2026-01-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3827 of 2026 In CRIMINAL MISCELLANEOUS No.73744 of 2025 Arising Out of PS. Case No.-327 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Anna Kumar S/o- Baleshwar Bind @ Baleshwar Jamadar Resident of VillageUsfa, P.S.- Pachrukhiya, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The present application has been filed for modification of the order dated 03.11.2025 passed in Cr. Misc. No. 73744 of 2025 by which the petitioner was granted regular bail, after framing of charge, if not already framed, in connection with Gaurichak P.S. Case No. 327 of 2025. 3.

Learned counsel for the petitioner submits that although the petitioner was granted regular bail on 03.11.2025, his release could not be effected as cognizance and framing of charge were stalled due to absence of sanction under Section 39 of the Arms Act. It is, therefore, prayed that as the District

Patna High Court CR. MISC. No.3827 of 2026(2) dt.30-01-2026 2/2 Magistrate has not granted sanction and there is no likelihood of the same, the condition "after framing of charge" in the bail order dated 03.11.2025 requires modification. 4.

Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, this Court does not find any merit for modification of the order dated 03.11.2025, passed in Cr. Misc. No. 73744 of 2025.

5.

The modification application is, accordingly, dismissed.

(Rudra Prakash Mishra, J) Raj Kishore/- U T